Niles proposes medical marijuana ordinance

New state law too broad to suit city officials.

New state law too broad to suit city officials.

April 26, 2009|By LOU MUMFORD Tribune Staff Writer

NILES -- Implementation earlier this month of Michigan's Medical Marijuana Act has given a whole new meaning to "keep off the grass." Now, it's OK for medical patients who receive state permission to keep or grow "grass" -- marijuana -- or have it grown for them by qualified caregivers, who can assist as many as five patients with up to 12 plants each. But Niles officials say the law is much too broad. At 6 p.m. Monday at the city fire station, 1345 E. Main St., the Niles City Council will take the first step toward tying up those loose ends with a first reading of a proposed ordinance that would impose more local controls. Passage could come as early as the panel's ensuing meeting on May 11. Niles City Attorney Robert Landgraf Jr. argued it's not the intent of the ordinance to deny anyone's rights under the statute. Instead, he said, the intent is to reduce the potential for abuse. Niles Police Chief Ric Huff concurred. "We're not trying to make the state law any more stringent," he said. "We're trying to regulate the things state law doesn't talk about." One of those areas involves where marijuana can be kept and/or grown. Landgraf and Huff both said state law simply states it must be kept in a locked facility, making it unclear whether a locked gate would qualify. To eliminate doubt, the ordinance, as proposed, states it must be kept in an enclosed structure featuring walls and a roof. The same applies to areas where marijuana is grown, which means in Niles cultivation won't be permitted outdoors should the ordinance be adopted. Prohibiting outdoor growing of marijuana should lessen the potential danger to patients and caregivers, Huff said. "I'm concerned about how close we are to the state line. It's legal here but not there" in Indiana, he said. "Will this (statute) drive some people to come up and steal it? We don't know." Cooperative grows, or caregivers who conceivably might band together to grow marijuana for any number of patients, also would be prohibited under the ordinance. "In some states (with medical marijuana laws), entire homes were bought just for the purpose of growing marijuana," Huff said. "The law is there for personal use in medical issues. It shouldn't be turned into a business enterprise." The ordinance also would prohibit the growing of marijuana in drug-free school zones. In addition, it opens the door for use of local zoning laws to regulate areas where caregivers can grow marijuana. Landgraf said city officials like himself, Huff and City Administrator Terry Eull took it upon themselves to draw up the ordinance after failing to receive direction regarding local concerns. The city had no specific model for the document, he said. "It's based on common sense and logic," he said. Niles is one of the first communities in Michigan to devise a local law dealing with aspects of the Medical Marijuana Act. Staff writer Lou Mumford: lmumford@sbtinfo.com (269) 687-7002